Endicott Johnson Corp.

In the Matter of ENDIcoTT JOHNSON CORPORATION and BOOT & SHOE WORKERS UNION, LOCAL 42, A. F. OF L. Case No. R-1574 SUPPLEMENTAL DECISION AND ORDER Febn Lary 21, 1940 On November 24, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, an election by secret ballot was conducted on January 9, 1940, under the direction and supervision of the Regional Director for the Third Region (Buffalo, New York). On January 12, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties an Election Report. As to the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list ___________________________________ 17, 249 Total ballots cast________ ________________________________ 15,831 Total valid votes cast____________________________________ 15,384 Ballots in favor of Boot & Shoe Workers Union, Local 42, affiliated with the American Federation of Labor ------ 1,612 Ballots in favor of the United Shoe Workers of America, affiliated with the Congress of Industrial Organizations __ 1, 079 Ballots in favor of neither _______________________________ 12,693 Challenged ballots____________________ ___________________ 403 Blank ballots -------------------------------------------- 25 Void ballots--------------------------------------------- 19 On January 19, 1940, United Shoe Workers of America, herein called the United, filed with the Regional Director objections to the Election Report. On February 2, 1940, the Regional Director, act- ing pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued a Report on Ob- j ections. We have considered the objections of the United and the Regional Director's Report thereon. In view of the decisiveness of the vote, 1 17 N. L. R. B. 1004. 20 N. L. R. B., No. 68. 698 EN'DIOO'TT JOHNSON 'OORPORATION 699 wq are of the opinion that in this proceeding on Objections to the Election Report, the objections raise no substantial and material is- sues with respect to the conduct of the election. The objections are hereby overruled. The results of the election show that no collective bargaining rep- resentative has been selected by a majority of the employees. The petition for investigation and certification of representatives of em- ployees of Endicott Johnson Corporation, Village of Endicott, New York, will therefore be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, IT Is HEREBY ORDERED that the petition for investigation and cer- tification of representatives of employees of Endicott Johnson Cor- poration, Village of Endicott, New York, filed by Boot & Shoe Work- ers of America, Local 42, A. F. of L. be, and it hereby is, dismissed.